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Michigan Wiretapping Law

Michigan law makes it a crime to "use[] any device to eavesdrop upon [a] conversation without the consent of all parties." Mich. Comp. Laws § 750.539c. This looks like an "all party consent" law, but one Michigan Court has ruled that a participant in a private conversation may record it without violating the statute because the statutory term "eavesdrop" refers only to overhearing or recording the private conversations of others. See Sullivan v. Gray, 342 N.W. 2d 58, 60-61 (Mich. Ct.
App. 1982). The Michigan Supreme Court has not yet ruled on this question, so it is not clear whether you may record a conversation or phone call if
you are a party to it. But, if you plan on recording a conversation to which you are not a party, you must get the consent of all parties to that conversation. In addition, if you intend to
record conversations involving people located in more than one state,
you should play it safe and get the consent of all parties.

Michigan law also makes it a crime to "install, place, or use
in any private place, without the consent of the person or persons
entitled to privacy in that place, any device for observing, recording,
transmitting, photographing, or eavesdropping upon the sounds or events
in that place." Mich. Comp. Laws § 750.539d.
The law defines a "private place" as a place where a person "may
reasonably expect to be safe from casual or hostile intrusion or
surveillance but does not include a place to which the public or
substantial group of the public has access." Mich. Comp. Laws § 750.539a. You should always avoid these kinds of surveillance tactics.

Michigan law also prohibits you from "us[ing] or divulg[ing] any information which [you] know[] or reasonably should know was obtained in violation of the other wiretapping laws. Mich. Comp. Laws § 750.539e. To the extent this statute forbids you from publishing truthful information on a matter of public concern provided to you by a third-party (when you had no role in the wiretapping), it is probably unconstitutional. See Bartnicki v. Vopper, 532 U.S. 514 (2001).

In addition to subjecting you to criminal prosecution, violating
these provisions can expose you to a civil lawsuit for money damages by
an injured party.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Michigan for more information on Michigan wiretapping law.

Michigan Law on Recording Court Hearings and Public Meetings

Court Hearings

Michigan law generally allows sound and video recording of state
court proceedings, but you must request permission from the presiding
judge at least three business days beforehand. The court has discretion
to terminate or prohibit recording if it determines that it would be in
the interests of justice. For instance, the court may exclude
recordings of particularly sensitive witnesses or testimony involving
confidential business information.

Federal courts in Michigan, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom.

When you attend a public meeting (i.e., a meeting of a
governmental body required to be open to the public by law), Michigan
law gives you the right to make video and sound recordings of the
meeting and to broadcast live. The exercise of this right is not dependent on prior approval by the public body, but the public body may establish reasonable rules and regulations to avoid disruption of meetings. Mich. Comp. Laws § 15.263(1).

We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.

Disclaimer

Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information. It is not offered for the purpose of providing individualized legal advice. Use of this guide does not create an attorney-client or any other relationship between the user and the Digital Media Law Project or the Berkman Center for Internet & Society.

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